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EUROPEAN COURT: DENIAL OF ARMENIAN 'GENOCIDE' NO CRIME
Today's Zaman, Turkey
Dec 17 2013
17 December 2013 /TODAY'S ZAMAN, İSTANBUL In a landmark ruling
on Tuesday, the European Court of Human Rights (ECtHR) sustained an
appeal by Turkey's Workers' Party (İP) Chairman Dogu Perincek, who was
convicted by Switzerland for denying the so-called "Armenian genocide,"
saying the politician had exercised his right to free speech.
The court's decision on Perincek sets a precedent that it is against
freedom of expression to criminally charge individuals for expressing
views different than the officially accepted ones.
The ECtHR said in a statement that there has been a violation of
freedom of expression of the European Convention on Human Rights (ECHR)
with regards to the criminal conviction of Perincek for "denying that
the atrocities perpetrated against the Armenian people in 1915 and
years after which constituted genocide."
In 2008, Perincek, who was convicted by a Swiss court for rejecting
Armenian claims of genocide at a conference he attended in Switzerland,
appealed the ruling with the ECtHR after his appeal at the Swiss
Federal Court failed, arguing his conviction was a violation of the
free speech articles of the ECHR. He also complained of violations
of his right to a fair trial after his lawyer was denied a visa
to Switzerland.
During a conference in Switzerland, Perincek reportedly called the
Armenian claims of genocide an "international lie."
The ECtHR decision stated that there is a violation of Article 10 of
the ECHR, which deals with freedom of expression. The case concerned
the conviction of Perincek for publicly challenging the occurrence
of the Armenian "genocide."
In the press statement issued by the ECtHR, the court underlined
that the "free exercise of the right to openly discuss questions of a
sensitive and controversial nature was one of the fundamental aspects
of freedom of expression and distinguished a tolerant and pluralistic
democratic society from a totalitarian or dictatorial regime," and
that Perincek has not committed an abuse of his rights.
Turkey was a co-plaintiff in the case at the ECtHR regarding Perincek,
since Turkey's official position on the Armenian claims does not match
Switzerland's. Ankara categorically denies claims that the events of
1915 amount to genocide, arguing that both Turks and Armenians were
killed when Armenians revolted against the Ottoman Empire during World
War I in collaboration with the Russian army that was then invading
Eastern Anatolia.
Ankara has recognized Armenia since the former Soviet republic gained
independence in 1991, but nevertheless refuses to establish diplomatic
ties because of Armenian efforts to secure international condemnation
of the controversial World War I era killings of Anatolian Armenians
as genocide.
"The decision is in harmony with the views that Turkey shared with
the ECtHR and such a decision is in line with the ECHR articles about
freedom of expression. This is the result we expected," an official
from the Turkish Foreign Ministry told Today's Zaman.
The statement about the court's decision also said the existence of a
"genocide," which was a precisely defined legal concept, was not easy
to prove.
"The Court doubted that there could be a general consensus as to
events such as those at issue, given that historical research was
by definition open to discussion and a matter of debate, without
necessarily giving rise to final conclusions or to the assertion of
objective and absolute truths," the statement said.
"The essential ground for Mr Perincek's conviction by the Swiss
courts was the apparent existence of a general consensus, especially
in the academic community, concerning the legal characterisation of
the events in question. However, the Federal Court itself admitted
that there was no unanimity in the community as a whole concerning the
legal characterisation in question. According to Mr Perincek and the
Turkish Government, a third-party intervener in the case, it would be
very difficult to identify a general consensus. The Court shared that
opinion, pointing out that there were differing views among the Swiss
political organs themselves. It appeared, moreover, that only about
twenty States out of the 190 in the world had officially recognised
the Armenian genocide," the European court said.
The court also underlined in its decision that countries like
Switzerland which officially recognize the "Armenian genocide" and
impose criminal sanctions on individuals questioning the official
view disregard that "one of the main goals of freedom of expression
was to protect minority views capable of contributing to a debate on
questions of general interest which were not fully settled."
The ECtHR's decision would have implications for other countries
which are members of Council of Europe, including France, which has
tried to criminalize the refusal to apply the term "genocide" to the
killings of Armenians during the breakup of the Ottoman Empire.
The French Le Monde daily reported on Tuesday that a new draft law
which requires criminal punishment for individuals who do not recognize
the "Armenian genocide" is on France's agenda.
According to the report, French President Francois Hollande will
unveil the draft law before his visit to Armenia in May of next year.
Hollande is also expected to visit Turkey in late January. France is
reportedly planning to enact the law on April 24, 2015, the centennial
anniversary of the Armenian "genocide." Armenians claim that April 24,
1915 marked the beginning of mass killings of Ottoman Armenians and
remember the victims each year on April 24.
http://www.todayszaman.com/news-334196-european-court-denial-of-armenian-genocide-no-crime.html
Today's Zaman, Turkey
Dec 17 2013
17 December 2013 /TODAY'S ZAMAN, İSTANBUL In a landmark ruling
on Tuesday, the European Court of Human Rights (ECtHR) sustained an
appeal by Turkey's Workers' Party (İP) Chairman Dogu Perincek, who was
convicted by Switzerland for denying the so-called "Armenian genocide,"
saying the politician had exercised his right to free speech.
The court's decision on Perincek sets a precedent that it is against
freedom of expression to criminally charge individuals for expressing
views different than the officially accepted ones.
The ECtHR said in a statement that there has been a violation of
freedom of expression of the European Convention on Human Rights (ECHR)
with regards to the criminal conviction of Perincek for "denying that
the atrocities perpetrated against the Armenian people in 1915 and
years after which constituted genocide."
In 2008, Perincek, who was convicted by a Swiss court for rejecting
Armenian claims of genocide at a conference he attended in Switzerland,
appealed the ruling with the ECtHR after his appeal at the Swiss
Federal Court failed, arguing his conviction was a violation of the
free speech articles of the ECHR. He also complained of violations
of his right to a fair trial after his lawyer was denied a visa
to Switzerland.
During a conference in Switzerland, Perincek reportedly called the
Armenian claims of genocide an "international lie."
The ECtHR decision stated that there is a violation of Article 10 of
the ECHR, which deals with freedom of expression. The case concerned
the conviction of Perincek for publicly challenging the occurrence
of the Armenian "genocide."
In the press statement issued by the ECtHR, the court underlined
that the "free exercise of the right to openly discuss questions of a
sensitive and controversial nature was one of the fundamental aspects
of freedom of expression and distinguished a tolerant and pluralistic
democratic society from a totalitarian or dictatorial regime," and
that Perincek has not committed an abuse of his rights.
Turkey was a co-plaintiff in the case at the ECtHR regarding Perincek,
since Turkey's official position on the Armenian claims does not match
Switzerland's. Ankara categorically denies claims that the events of
1915 amount to genocide, arguing that both Turks and Armenians were
killed when Armenians revolted against the Ottoman Empire during World
War I in collaboration with the Russian army that was then invading
Eastern Anatolia.
Ankara has recognized Armenia since the former Soviet republic gained
independence in 1991, but nevertheless refuses to establish diplomatic
ties because of Armenian efforts to secure international condemnation
of the controversial World War I era killings of Anatolian Armenians
as genocide.
"The decision is in harmony with the views that Turkey shared with
the ECtHR and such a decision is in line with the ECHR articles about
freedom of expression. This is the result we expected," an official
from the Turkish Foreign Ministry told Today's Zaman.
The statement about the court's decision also said the existence of a
"genocide," which was a precisely defined legal concept, was not easy
to prove.
"The Court doubted that there could be a general consensus as to
events such as those at issue, given that historical research was
by definition open to discussion and a matter of debate, without
necessarily giving rise to final conclusions or to the assertion of
objective and absolute truths," the statement said.
"The essential ground for Mr Perincek's conviction by the Swiss
courts was the apparent existence of a general consensus, especially
in the academic community, concerning the legal characterisation of
the events in question. However, the Federal Court itself admitted
that there was no unanimity in the community as a whole concerning the
legal characterisation in question. According to Mr Perincek and the
Turkish Government, a third-party intervener in the case, it would be
very difficult to identify a general consensus. The Court shared that
opinion, pointing out that there were differing views among the Swiss
political organs themselves. It appeared, moreover, that only about
twenty States out of the 190 in the world had officially recognised
the Armenian genocide," the European court said.
The court also underlined in its decision that countries like
Switzerland which officially recognize the "Armenian genocide" and
impose criminal sanctions on individuals questioning the official
view disregard that "one of the main goals of freedom of expression
was to protect minority views capable of contributing to a debate on
questions of general interest which were not fully settled."
The ECtHR's decision would have implications for other countries
which are members of Council of Europe, including France, which has
tried to criminalize the refusal to apply the term "genocide" to the
killings of Armenians during the breakup of the Ottoman Empire.
The French Le Monde daily reported on Tuesday that a new draft law
which requires criminal punishment for individuals who do not recognize
the "Armenian genocide" is on France's agenda.
According to the report, French President Francois Hollande will
unveil the draft law before his visit to Armenia in May of next year.
Hollande is also expected to visit Turkey in late January. France is
reportedly planning to enact the law on April 24, 2015, the centennial
anniversary of the Armenian "genocide." Armenians claim that April 24,
1915 marked the beginning of mass killings of Ottoman Armenians and
remember the victims each year on April 24.
http://www.todayszaman.com/news-334196-european-court-denial-of-armenian-genocide-no-crime.html